NCW not empowered to grant relief that a court can: HC

The National Commission for Women (NCW) does not have the power to grant relief which a court can and is not empowered to arrive at a final conclusion in a complaint lodged before it, the Delhi High Court has held.

The observations were made by a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal in connection with an advisory issued by the commission to the employer of a man whose wife had lodged a complaint against him with the NCW that he should not posted abroad until his matrimonial dispute is resolved.

The man, whose employment was terminated due to the advisory, had challenged it in the high court and a single judge had held that the commission was not empowered to issue such a communication to the husband's employer.
 

The NCW and the woman had challenged the single judge's decision, saying the commission had not issued an advisory and had only intended to inform the man's employer about the matrimonial dispute.

The woman had contended that she had apprehended that her husband would abandon her and her child by fleeing from the country without prior intimation and it was never her intention that his services be terminated.

The bench disagreed with the commission's contention, saying perusal of the letter showed it was in the form of an advisory and also resulted in termination of the man's employment.

It noted that the man was never informed by the NCW about the complaint lodged by his wife.

The court observed that while the NCW is empowered to look into complaints and take notice on its own of matters pertaining to deprivation of rights of women, it was not the legislative intent to empower the commission to arrive at a final conclusion.

"In the light of the aforementioned undisputed facts, the single judge was justified in holding that the procedure adopted by the NCW is without any authority," the bench said and dismissed the appeals of the commission and the woman.